The Merchant Marine Act, better known as the Jones Act, requires ship owners to provide medical care and living costs to injured seamen. This includes cases of injury or property damage caused by the vessels themselves, even if the injuries happened on shore.
Jones Act & Unseaworthiness
The Jones Act attorneys at Terry Bryant have many years of experience representing injured maritime workers. Seamen injured on board a vessel in navigable waters have special rights and remedies granted to them by federal law.
These rights include payment by the employer of maintenance, which is payment of a daily amount of money to cover the cost of living while not earning wages. The employer is also obligated to pay all reasonable and necessary medical expenses for treatment of the seaman’s injuries, which is known as cure. These payments must be made until the seaman’s injury has reached the point of maximum medical improvement and are due regardless of whose fault caused the injuries.
Additionally, the employer or vessel owner may be responsible for paying much more extensive damages to the injured seaman under the Jones Act and maritime law of unseaworthiness. These compensation concepts are based on fault. The Jones Act requires an employer to provide seamen with a reasonably safe place to work on board a vessel.
Our Jones Act Attorneys Explain the Safety Requirements
This duty to provide a safe place to work includes the responsibility to:
Follow safety measures
Hire and train competent crew
Provide safe working conditions, etc.
Vessel owners must provide safe, seaworthy vessels on which to work. This includes a wide range of conditions for which vessel owners are responsible. The quality of the ship and the training of the crew-members are both responsibilities of vessel owners.
For example, an “unseaworthy” vessel is one with…
Inadequate or faulty equipment
Worn out non-skid surfaces
Lack of fire safety equipment
Lack of safety guards or railing
Inadequately or dangerously stored cargo
Poorly trained crew, etc.
These are just a few of the conditions that injured workers should be mindful of when considering legal action. To speak to one of our Jones Act attorneys about a potential claim, contact the accident and injury law office of Terry Bryant to learn more about your legal options. Call us at (713) 973-8888, chat with us, or use our online form to get help today.
What types of compensation does your employer or vessel owner owe you?
Violation of these responsibilities by the employer or vessel owner subject them to paying damages to an injured seaman for:
Pain and suffering
Payments of maintenance and cure.
An experienced Houston Jones Act attorney can help navigate the treacherous waters of holding the employer or vessel owner accountable and collecting full and fair compensation for the injured seaman’s injuries.
Understanding Maintenance and Cure Requirements of the Jones Act
Living costs and medical benefits covered by the Jones Act are known as maintenance and cure.
Maintenance can include the cost of:
heating or electric bills.
These benefits will be paid while the employee is out of work, but end once the worker is back on the job.
Cure benefits cover:
other medical devices.
Find out whether you are eligible for maintenance and cure by calling our Jones Act lawyers in Houston. With our experience in maritime injury cases, the attorneys at the accident and injury law office of Terry Bryant knows the law, and we want to make sure your rights are protected. Contact us today at (713) 973-8888 to schedule a free, no-obligation consultation.
Right To Sue With Trial By Jury
A worker can sue his employer, with the right to trial by jury, for compensation if the injury was due to the owner’s negligence or if the vessel was unseaworthy. Laws concerning recovery for personal injury or death to a seaman follow those under the Federal Employers Liability Act, which regulates recovery for railroad workers.
If the person who was injured or killed was partly at fault for the injury, he is still able to sue for compensation by law. However, a jury will take into consideration the amount of negligence attributed to the worker and will reduce the award in proportion to that amount of responsibility.
Types of Workers We Represent
The term “maritime workers” applies to workers on many different vessels, in many industries. The Jones Act applies to workers in…
Many types of workers on these and other vessels are covered by the Jones Act. From officers to crew members, every worker on a vessel deserves compensation if they’ve been injured by an employer’s or vessel owner’s negligence.
Rights of Families of Maritime Workers Killed on the Job
It’s not only seamen who have the right to take legal action under the Jones Act. Family of a seaman who dies from an on-the-job illness or injury can file a wrongful death claim to receive compensation for financial losses, funeral and burial expenses, medical expenses, and lost wages.
Surviving spouses, parents, children, and dependent siblings can file a claim against the negligent party to seek compensation, though the claim must be typically be filed within three years of the death of the loved one. (***Always speak directly to a licensed lawyer for the exact deadlines that apply to your potential claim.***) No amount of compensation can make a family whole again, but these claims do offer families the opportunity to be compensated for the many challenges they’ll be facing. They also offer a sense of accountability and justice.
If you’re considering filing a wrongful death claim through the Jones Act, we encourage you to contact the Jones Act attorneys at the accident and injury law office of Terry Bryant at (713) 973-8888 to schedule a free consultation.
We Know the Jones Act – Contact our Houston Jones Act Lawyers
Not all attorneys are comfortable handling cases involving the Jones Act. These cases are different than other types of injury claims, so if you’re looking for an attorney to accept your case, make sure they have experience with your case type.
At the accident and injury law office of Terry Bryant, we have years of experience getting injured seamen compensation for the harm they’ve suffered. We stand up for the rights of injured workers, and we have a deep understanding of the Jones Act.
Maritime work is some of the toughest work imaginable. The Jones Act was enacted to protect seamen and to give them the chance at fair compensation after a workplace injury. But you must act when you’ve been mistreated by an employer. The Jones Act attorneys at Terry Bryant Accident & Injury law understand the challenges you’re facing.
To get help with your Jones Act claim, call our Houston Jones Act Lawyers at (800) 444-5000 or complete a free initial consultation form now.
Attorney Terry Bryant
Terry Bryant is Board Certified in personal injury trial law, which means his extensive knowledge of the law has been recognized by the Texas Board of Legal Specialization, setting him apart from many other injury attorneys. The 22 years he spent as a Municipal Judge, Spring Valley Village, TX also provides him keen insight into the Texas court system. That experience also helps shape his perspective on personal injury cases and how they might resolve. This unique insight benefits his clients. [ Attorney Bio ]
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